There has been a passage circulating on the Internet: "Injuries in buying vegetables on the way to and from work are considered work injuries", which has led many people to mistakenly think that as long as they are injured on the way to and from work, they are considered work injuries. In fact, not all injuries on the way to and from work are considered work injuries, such as on the way to and from work, due to the wet and slippery road, walking and breaking bones, or riding a bicycle to hit the guardrail, etc., are not work injuries. So what are the conditions for determining a work injury on the way to and from work? How can I claim to be able to get double compensation? With these questions in mind, let's start today's small lecture on popularizing the law!
I. "Commuting to and from work" determines that four prerequisites must be met for work injuries
【Lawyer's opinion】If an employee has a traffic accident on the way to and from work, if he wants to be recognized as a work injury, the following four conditions must be met at the same time, and one of them is indispensable:
The first condition: it must be that both parties have established an employment relationship;
The second condition: must be in a reasonable commuting time, commuting to work on the way;
The third condition: it must be that the person is not responsible or assumes secondary responsibility, not the main responsibility or full responsibility;
The fourth condition: it must be due to a traffic accident or an urban rail transit, passenger ferry or train accident.
First, it must be an employment relationship, if it is a labor relationship, an employment relationship, or a contracting relationship, even if the other three conditions are met, it is not a work injury. Second, if it is not within the commuting period, even if there is an injury on the way to and from work, it does not meet the requirements. Third, if the person bears full or main responsibility for the occurrence of the traffic accident, it cannot be regarded as a work injury. Fourth, the injury must be caused by a traffic accident (including motor vehicles or non-motorized vehicles) or an urban rail transit, passenger ferry or train accident.
【Late arrival and early departure】Regarding whether late arrival and early departure affect the identification of work injuries "on the way to and from work", most courts believe that even if an employee is late or leaves early due to violation of labor discipline, it only involves violations of the relevant rules and regulations within the unit, and does not affect the determination of the nature of the victim's "commuting to and from work" by the human resources and social security department. However, it is also necessary to make a comprehensive judgment based on the facts of the case, such as whether the employee's late arrival, early departure time, and commuting route are reasonable, and Lawyer Guo believes that such issues cannot be generalized.
For example, if you break a bone due to a slippery road while walking, or if you are injured on a bicycle and hit a guardrail, it cannot be considered a work injury. The reason is that in such cases, the occurrence of accidents is personally responsible, so it does not fall within the scope of work injury recognition.
【Legal provisions】According to article 14 (6) of the Regulations on Work-related Injury Insurance, if an employee is injured by a traffic accident or an urban rail transit, passenger ferry or train accident that is not his or her main responsibility on the way to and from work, he or she shall be deemed to be injured at work.
2. The four legal situations "on the way to and from work"
【Legal Provisions】Article 6 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance The people's court shall support the social insurance administrative department in determining that the following circumstances are "on the way to and from work":
(1) Commuting to and from work within a reasonable period of time by a reasonable route between the place of work and the place of residence, the place of habitual residence, or the dormitory of the unit;
(2) Commuting to and from work within a reasonable period of time between the place of work and the reasonable route of residence of the spouse, parents or children;
(3) Engaging in activities that are necessary for daily work and life, and commuting to and from work at a reasonable time and by a reasonable route;
(4) Commuting to and from work by other reasonable routes within a reasonable time.
Third, how to claim double compensation after a work injury occurs "on the way to and from work"
[Double compensation] Next, we will reveal the answer to you, where double compensation comes from. When an employee has a traffic accident that meets the above requirements, he can not only claim "compensation for traffic accidents" from the infringer, but also "compensation for work injuries" from the employer, which is legally called "the competition between tort compensation liability and work injury insurance treatment". In recent years, courts around the world have also been more inclined to "support double compensation for items other than medical expenses."
【Adjudication Point of View】Since "traffic accident tort compensation" and "work injury insurance treatment compensation" are two different legal relationships, the legal basis of the two is different, and there is no conflict between them, and there is no contradiction between them. In the event that the employee is injured due to the infringement of the party causing the traffic accident, the employee still has the right to claim the work injury insurance liability from the employer in addition to the medical expenses in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance. After all, the work injury insurance implements the principle of no-fault liability, and as long as the work injury occurs, the employer is obliged to compensate.
4. Summary
In summary, it is recommended that you first figure out what is a "commute" work injury, and then understand a legal professional skill, that is, "traffic accident compensation" and "work injury compensation" can be both. Sometimes there are often situations in which the party responsible is unable to compensate, the amount of compensation is insufficient, etc., if the employer has paid the relevant work injury insurance fees for the employee, even if the employee receives double compensation, it does not harm the rights and interests of the employer. Therefore, I hope that after you grasp the principle of double compensation, you can flexibly apply it according to your own actual situation, and you can freely choose to let either party compensate or both parties compensate.
I am @Guo Fei, a legal person who makes the law interesting and easy to understand, and will often share the common sense of life law with you in the future. If you have any questions or questions you want to consult, you can leave a message in the comment area, I will reply in time after I see it. If you think the article is well written, please add a concern to support it, thanks!